Delays piling on over Bonner Bridge dispute heads back to courts

The fate of the state’s proposed Bonner Bridge project remains hanging in the balance after the 4th U.S. Circuit Court of Appeals yesterday sent a challenge by conservation groups back to a lower court for further review. In Defenders of Wildlife v. NCDOT, the judges unanimously ruled that the lower court failed to consider requirements relating to the protection of wildlife refuge land — here, the Pea Island National Wildlife Refuge on Hatteras Island, through which the battered NC-12 runs – when determining if the project complied federal law.

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All white and overwhelmingly male: Latest departure leaves NC federal courts among least diverse in the nation

All white and overwhelmingly male- Latest departure leaves NC federal courts among least diverse in the nation. It’s been more than 3,000 days since U.S. District Judge Malcolm Howard announced that he would be stepping down from his position on the federal court in eastern North Carolina. At roughly the same time, the then-freshman senator from North Carolina, Richard Burr, stood lecturing his colleagues on the senate floor about their blocking of votes for nominees to the federal bench.

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Voting gets its day in court

Sweeping voting changes rushed into law by state lawmakers last summer will face a critical test next week when a federal judge in Winston-Salem considers constitutional challenges to their viability. On Monday morning, U.S. District Judge Thomas D. Schroeder, appointed to the court by then-President George W. Bush in 2008, will consider evidence and arguments in hearings expected to last at least a week. At issue will be House Bill 589, dubbed the “monster voting bill” by voting rights advocates and uniformly called one of the most restrictive election laws in the nation.

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Three-judge court: An idea whose time has passed

Tucked away near the end of the 250-page Senate budget, in between the section slashing funds for legal services and the section forecasting cuts to state cultural resources, lies a proposal which would change the rules of the game in which state lawmakers now find themselves deeply entrenched: defending their laws from constitutional challenges. From voting rights to school vouchers to issues of local rule, the members of the General Assembly are fending off claims in at least a dozen lawsuits that laws enacted during the long session violate state and federal constitutions.

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Time to clean up the criminal code?

Steven Pruner learned the hard way that in North Carolina, selling a hot dog can get you jail time. Imagine his surprise when, in 2011, the vendor was charged and later convicted for operating his cart without a license near Duke University Medical Center – an offense which got him 45 days in the custody of the Durham County sheriff (a sentence later suspended to probation). Steve Cooksey almost suffered a similar fate when, after fighting his own diabetes and sharing insights into his recovery on his blog, he learned that his advice to readers constituted the unlicensed practice of dietetics, a misdemeanor offense under catchall provisions of the administrative code.

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Ignorance of the law is no excuse - unless you're a police officer

It started with a flickering brake light on Nicholas Heien’s Ford Escort. He was asleep in the back seat while Maynor Javier Vasquez drove the car along Interstate 77 in Surry County during the early morning hours in April 2009, when Officer Matt Darisse of the Surry County Sheriff’s Department flipped on his blue lights to stop the car. The officer told Vasquez he had pulled the Escort over for a non-functioning brake light.

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Compacting the calendar, suppressing the vote

Shortly after the General Assembly reduced the number of early voting days from 17 to 10 as part of sweeping voting changes enacted last session, Gov. Pat McCrory took to the airwaves to defend the move. “We didn’t shorten early voting,” the governor said in a clip that went viral. “We compacted the calendar, but we’re going to have the same hours in which polls are open in early voting and we’re going to have more polls available.”

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Heads in the sand over the Bonner Bridge

What started out last week as news of the temporary closure of the Bonner Bridge on the Outer Banks for claimed emergency repairs quickly morphed into partisan sniping, with GOP officials deflecting blame for the state’s decades-long delay in addressing environmental problems there by attacking environmentalists who’d filed a lawsuit over the bridge two years ago.

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Round One in the battle over voting rights in North Carolina

Parties in the three federal lawsuits challenging voting law changes signed into law here in August will appear before U.S. District Judge Thomas Schroeder on December 12 to map out a schedule for proceedings moving forward. And while they’ve reached agreement on some preliminary litigation matters, the parties are not budging on one critical date: when the case should be tried.

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Laurence Leamer

It’s a storyline straight out of a John Grisham novel. For 15 years and running, two Pittsburgh lawyers fight to bring justice to a small coal mine owner driven into bankruptcy by Don Blankenship, the most powerful coal baron in American history. The courtroom battle starts in a small courtroom in West Virginia, reaches the U.S. Supreme Court and then lands in neighboring Virginia courts, where it continues today.

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NineBar CreativeQ&A/Profiles, All
Corruption in the courts: Read this book

It’s a troubling story line: A well-heeled and powerful group with a vested interest in the outcome of a lawsuit contributes millions to land a favored justice on a supreme court where its case will likely land. John Grisham used it in his bestseller The Appeal. The U.S. Supreme Court considered the true-to-life version arising out the battle between coal-mining executives in West Virginia in Caperton v. Massey Coal.

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Pre-K at risk: Now the Supreme Court will decide

For more than ten years, the state of North Carolina acknowledged that poor and disadvantaged children had a constitutional right to a sound basic education, beginning with pre-kindergarten. And for nearly as many years the state worked to provide these at-risk children opportunities for a jump start on that education, crafting a pre-K program that became the envy of other states.

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NineBar CreativeSchools, All
In a battle between banks and consumers, banks win, Supreme Court says

If there’s one message to be gleaned from the Supreme Court’s recent decision in Bumpers v. Community Bank of Northern Virginia, it’s this: When it comes to mortgage lending, consumers better shop around. And not just for the best interest rates and payment terms. Now the onus is on you, borrower, to find the best deal for all those ancillary charges that show up on that mysterious closing form – fees for the title company for example, or a loan settlement provider or even an appraiser.

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NineBar CreativeAll, Courts and Law
The long road ahead for voting rights

State GOP lawmakers wasted no time ramping up their efforts to drastically change voting in North Carolina after the U.S. Supreme Court, in Shelby County v. Holder, gutted the requirement that certain jurisdictions get proposed voting changes pre-approved. “Now we can go with the full bill,” Senator Tom Apodaca told WRAL that same day, referring to an omnibus voting bill that

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Roy Cooper v. the General Assembly: Who defends the state?

With a rising number of divisive laws being challenged in courts across the country — including those addressing same-sex marriage, immigration and voting rights – some attorneys general are refusing to defend their states, agreeing that such laws are unconstitutional. Pennsylvania Attorney General Kathleen Kane announced in July that she wouldn’t defend that state’s same sex marriage ban in a pending federal lawsuit.

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Behind closed doors: North Carolina creates a "star chamber" for wayward judges

It started out as a simple bill allowing parties in family court to appeal rulings before their cases were finally resolved. By the time it landed on the House floor for a final vote, one of the last bills on the last day of the long session, it had a new name, a new number and a new purpose: to give the justices of the state Supreme Court the sole authority to discipline judges — including themselves –and allow them to decide if, when and who to discipline in secret. 

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Fifty years later, segregation battles still in courts

Here’s one word you don’t often hear being bandied about in the General Assembly while debates continue over charter schools, vouchers and funding: Segregation. To many, it’s a term for the archives, the stuff of black-and-white highlight reels. But this Monday, in federal court in Greenville, segregation will be front-and-center as Senior U.S. District Judge Malcolm Howard opens hearings in a case involving an order that dates back to 1965.

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Redistricting: It's not about the voters

In an off year, Monday’s decision upholding the state’s 2011 redistricting plan would have run as the headline story for most dailies in North Carolina. It was still page one, certainly, but the latest chapter of our decennial redistricting litigation couldn’t compete with a legislature mired in controversy and scrambling to meet deadlines before adjourning for the summer. Instead, more Moral Monday arrests and continuing fallout from the anti-Sharia anti-abortion sneak attack led the news of the day. Not surprisingly, the legislators who won felt vindicated and proclaimed victory.

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